Application for leave to appeal against conviction in narcotics case dismissed. Trial Judge had doubts about recovery procedure, but Appeal Court found no perversity in such view.
Application for grant of leave to appeal dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Leave To Appeal No. 314 / 2016
State of Rajasthan
----Appellant
Versus
Rais Khan @ Raja
----Respondent
For Appellant(s) : Mr. N.S. Dhakad, Public Prosecutor For Respondent(s) : None present
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA / Order
19/12/2017
Two grams & 30 milligrams smack/heroin [ diacetylmorphine ] was recovered from the right side pocket of the pant of the accused, whereas 79 grams & 120 milligrams smack/heroin [ diacetylmorphine ] was recovered from the tool box of the motorcycle.
‘ The ld. trial Judge held the recovery to be doubtful by holding that the seal was not handed over to the independent person. The ld. trial Judge further held that no recovery proceedings were carried at the spot. The ld. trial Judge noted that the procedure regarding search and seizure was not followed as per norms and testimony of the witnesses made entire search and seizure doubtful. The view formulated by the ld. trial Judge is one view which is possible on the appreciation of the evidence.
No perversity is discernible.
Hence, the present application for grant of leave to appeal, being devoid of merit is, hereby, dismissed.
(KANWALJIT SINGH AHLUWALIA)J.
ashok
State of Rajasthan
Rais Khan @ Raja
KANWALJIT SINGH AHLUWALIA
As recorded by the court registry
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